B.C. addicts get court’s OK to request heroin

In a major blow to the federal government, a B.C. Supreme Court judge has granted an injunction for a group of severely addicted heroin users to request prescription heroin under Health Canada’s Special Access Program.

Thursday’s decision, made by Judge Christopher Hinkson, temporarily lifts a ban preventing Health Canada from approving SAP applications for pharmaceutical grade heroin. Now, any heroin addict that has already left or plans to leave the Salome study may apply for diacetylmorphine, more commonly known as prescription heroin.

The injunction is valid until a civil case before the courts decides whether the regulation is unconstitutional.

While a major victory, the decision is not a blanket approval for the patients. Their applications will still have to be reviewed by Health Canada, and could be denied.

Joseph Arvay, a lawyer with the Pivot Legal Society, said he assumes Health Canada will approve all future applications. As of yet, not a single person given the green light by Health Canada has received the drug.

NDP Health critic Libby Davies said she hopes the department will follow scientific evidence, and approve future requests despite any political pressure they will likely be under.

“I hope they do the right thing,” she said. “Nothing materially has changed.”

The battle over whether Health Canada can give out pharmaceutical grade heroin has been going on for nearly a year. Last November Providence Health and the Pivot Legal Society launched a civil lawsuit arguing the Conservatives’ move to restrict access to prescription heroin violates the charter rights of patients who require the drug.

The suit followed the introduction of a series of new Health Canada regulations in October that prevent doctors from prescribing heroin, LSD, ecstasy and cocaine under a crucial special access program. The program allows physicians to request unapproved or discontinued drugs for patients with life-threatening conditions. It also prevents those doctors and patients from facing charges under the Criminal Code.

Health Minister Rona Ambrose introduced the new rules one month after Health Canada gave 16 B.C. heroin addicts permission to use diacetylmorphine to help transition out of the SALOME medical study being conducted by Providence Health Care and the University of British Columbia.

Davies’ called Ambrose’s move “a terrible decision,” saying it makes her furious that these addicts had to go to court to get access to prescription heroin. The new regulations, she said, were made unilaterally, and were “far removed from the public.”

In a statement to iPolitics, Ambrose said the government was “very disappointed” with the decision and was considering their options.

“We do not support giving heroin to those who are struggling to recover from addiction,” Ambrose said.

But the decision isn’t all good news for Providence and prescription heroin users. In addition to asking the court to lift the ban, Providence asked the court to order Ottawa to expedite the delivery of heroin for patients who were granted the drug under SAP before Ambrose change the rules.

Although the patients received approvals, Health Canada appears to have blocked the heroin in a different way – a local distributor could not get a permit to import the drug from overseas.

Hinkson said in his decision granting the second injunction to have the heroin delivered would be akin to interference by the courts. The interlocutory injunction, the judge said in his ruling, amounts to the restoration of the status quo.

“I dismiss the application for a mandatory injunction directing the Attorney General of Canada and any agents, agencies, departments, directors, officers, offices and/or Ministers of the Federal Crown to provide all necessary regulatory approvals, permits and/or exemptions required to secure access to the diacetylmorphine…on an expedited basis.”

“[S]uch an order would involve both interfering with the approval process of several expert regulatory bodies and potentially adversely affecting the allocation and distribution of the amounts of heroin that have been approved for importation.”